Kelly Breemen

Kelly Breemen is a PhD candidate at the Institute. Her PhD research focuses on the protection of traditional cultural expressions. Previously, she was a project researcher at IViR and completed the Information Law Research Master (2012, cum laude). As part of the master programme she studied a semester abroad at the University of Copenhagen. Her Research Master’s thesis was nominated for the UvA Thesis Award 2013. She was awarded her honours BA (2010, cum laude) from Utrecht University. During her undergraduate studies she spent six months studying Journalism.
Her research interests focus on the interface between art, culture and law, copyright law and the right to freedom of expression.

This study analyses the law and economics of introducing flexibility in the system of exceptions and limitations in Dutch copyright law. Flexibility would exist in an open norm, on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. The report assesses problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and production. The core of the study concerns the analysis of the economic rationale and effects of introducing flexibility in the Dutch legal order in the form of an open norm.

In December 2010 a roundtable expert workshop was held at the Institute for Information Law under the title "Media Diversity from the User Perspective". The goal of the workshop was to develop a user-centric understanding of media diversity, and to reflect upon the adequate regulatory responses. It brought together selected experts from different disciplines (law, communications, social sciences, philosophy) who all share an interest in the audience perspective on diversity, and whose research has approached the subject from different angles. This article attempts to summarize some of the main arguments that were made during the discussions, the different views that were expressed by the experts, and the questions for which the experts felt that additional research was needed.